Information for Overseas Loopers
We at AGLCA are not immigration attorneys, nor are we representatives of the U.S. Customs and Border Protection (CBP) agency. But, we do know many of our members have questions about how to remain in the United States long enough to complete the Great Loop. Following is our understanding of how non-U.S. Citizens can complete the Great Loop while abiding by all the necessary rules and laws.
IMMIGRATION
Canadian Citizens:
For members wanting to travel to the U.S. to do the Loop from Canada, AGLCA periodically does a free webinar outlining what is required. To view the latest webinar, click here.
Citizens of Other Countries:
If your home country is one of the 42 that participate in the Visa Waiver Program, you can enter the U.S. for 90 days with no visa. That is not enough time for most to complete the Great Loop. But, with strategic departures to visit the Bahamas and Canada, it may get you most of the way through the Loop, with perhaps one additional return home or visit to another country. There is no limit to how many times you may enter the U.S. as long as no single stay is more than 90 days. The participating countries and other requirements can be found here.
For those who do not want to worry about departing every 90 days, a nonimmigrant Visa is required. The B-2 visa, which is for tourism, is what most Loopers will need. This visa type is valid for 10 years but stays in the U.S. are limited to six months at a time.
In general the steps to apply for a visa are the same in any country but the order and way in which you complete them may vary so it’s best to check with the U.S. Embassy or Consulate in your country by using this U.S. Embassy directory to confirm the actual process.
General Steps to Applying for a Visa:
Fill out an online Nonimmigrant Visa Application known as Form DS-160. It will take approximately 90 minutes to complete the application. As part of the application process, you will upload a photo and photo requirements can be found here. Once you have completed the application, you will print the confirmation page to take to your interview.
Schedule an interview. This is generally scheduled at the US Embassy or Consulate in your country by using the U.S. Embassy directory. Wait times for interview appointments vary by location, season and visa category so you should apply for your visa well in advance of the anticipated start date of your Loop. A guideline for wait times by country can be found here. Please note applications won’t necessarily be approved and completed at the time of your interview.
Pay the non-refundable visa application fee, which is $185, but you may also have to pay a visa issuance fee when your visa is approved and those fees vary by country.
Gather the following documentation for your interview.
- Passport
- Non-Immigrant Visa Application Confirmation
- Application Fee Payment Receipt
Additional documentation such as what is listed below may be required. Check with the U.S. Embassy or Consulate in your country to confirm.
- Intent to depart the U.S. after your trip and/or
- Ability to pay all costs of your trip
- Optional: As an AGLCA member, we are happy to provide you with a letter explaining the Great Loop and why extended time is needed to complete it. This letter can be presented at your interview to help with the visa process.
Attend Your Interview. During the interview, you must establish that you meet the requirements under U.S. law to receive a visa. You will also provide digital fingerprint scans. Your application may or may not need additional processing to be approved after your interview.
Entering the United States. Entry into the U.S. is dependent upon the Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at port of entry. If allowed to enter, you will be provided with an admission stamp or paper form I-94, Arrival/Departure Record.
Extending Your Stay. If you need to extend your stay beyond the date indicated on your admission stamp or paper form I-94, you can apply for an extension but it’s best to apply for an extension early in your initial 6 months of stay to ensure it gets processed before your visa expires. You can also depart the U.S. to visit Canada or the Bahamas as part of your Loop, which will restart your 6-month clock upon your re-entry.
TAXATION
Tax Implications. Due to the length of time most people take to do the Loop, you could be considered a U.S. citizen for tax purposes if you are physically present in the U.S. on at least:
- 31 days during the current year, and
- 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
- All the days you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
This is considered the Substantial Presence Test. But, even though you may meet these criteria, you could still be treated as a nonresident for tax purposes if you quality for a Closer Connection Exemption. This exemption allows you to establish that you have maintained more significant contacts with a foreign country than the United States. Facts and circumstances to support that include, but are not limited to, the following:
- The country of residence you designate on forms and documents.
- The types of official forms and documents you file.
- The location of:
- Your permanent home,
- Your family,
- Your personal belongings, such as cars, furniture, clothing, and jewelry,
- Your current social, political, cultural, or religious affiliations,
- Your business activities (other than those that constitute your tax home),
- The jurisdiction in which you hold a driver's license,
- The jurisdiction in which you vote, and
- Charitable organizations to which you contribute.
To file for the Closer Connection Exemption, Form 8840 should be completed and submitted to the Internal Revenue Service (IRS).
THE VESSEL
Purchasing a Boat in the United States as a Foreign Citizen
If you plan to purchase a boat in the U.S. to use on the Great Loop, we highly recommend you engage a yacht broker who is also an AGLCA sponsor. The right broker will be able to guide you through the process of purchasing a U.S. flagged boat as a foreign national.
Foreign citizens can only purchase U.S. Coast Guard Documented vessels if a vessel’s U.S. documentation has been removed by the owner of the vessel via Form CG-4593.
As soon as the sale is complete, noncitizens must file Form 1300 with CBP to move the boat out of jurisdiction of the port it’s currently in.
The vessel can be titled and registered in most U.S. states but it will not have unrestricted freedom of movement and is considered to be a foreign vessel by CBP. In this case, the vessel must obtain a "Permit to Proceed" from CBP in order to travel from port to port but it would need to be filed repeatedly as you change jurisdictions, and there is a fee each time, so applying for a cruising license is the better option for a state-registered vessel.
The cruising license is valid for one year. A cruising license can be obtained through the ROAM app. You can then check in at each port by using the Port of Call button within the ROAM app. In addition to the cruising license, you will need to purchase a customs (DTOPS) decal, which is valid for one calendar year. This is sent by mail so you may want to consider establishing a U.S. address with a mailing service such as St. Brendan’s Isle, which many Loopers use while actively cruising.
You may also be required to file a Notice of Arrival (NOA) with the National Vessel Movement Center of the U.S. Coast Guard. To review the regulation, click here. For assistance or clarification on NOA requirements, visit the USCG National Vessel Movement Center website.
Importing a Boat for Personal Use into the United States
If you plan to import a boat, the following items will be required by CBP at the port of entry:
- Proof of ownership such as bill of sale
- Proof that the boat conforms to EPA Standards by completing Engine Declaration Form 3520-21
In addition to the above, vessels must comply with the United States Coast Guard (USCG) Notice of Arrival (NOA) requirements but there are some exceptions and some vessels may not need to submit an NOA. To review the regulation, click here. For assistance or clarification on NOA requirements, visit the USCG National Vessel Movement Center website.
Rates of duty for pleasure boats are generally dutiable when imported into the United States. For duty rates, see Chapter 89 for Ships, Boats and Floating Structures of the Harmonized Tariff Schedule.
A cruising license will also have to be obtained to undergo formal clearance procedures at every port. The cruising license is valid for one year. A cruising license can be obtained through the ROAM app. You can then check in at each port by using the Port of Call button within the ROAM app. In addition to the cruising license, you will need to purchase a customs (DTOPS) decal, which is valid for one calendar year. This is sent by mail so you may want to consider establishing a U.S. address with a mailing service such as St. Brendan’s Isle, which many Loopers use while actively cruising.
If you have questions about anything you’ve read here, please reach out to us. We are happy to help! Like we said at the beginning of this page, we are not immigration attorneys nor CBP officials, but we can often put you in contact with someone who is!